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What steps are needed to record a certified land patent at the county clerks office. I have spoken to them and they told me their is no need to record it. The certified land patent is my grandfather's; and, he has passed away. I'm the only heir in the family. I have completed the title search which has shown the land is vacant. What are my next steps.

Hksimmons:The nature of your inquiry deals with a private matter and asks for support that may be limited to Team Law beneficiaries; accordingly, we would usually move it to a private message to Admin and respond to it there. However, because some elements of your post may be of general interest, we left the post here and respond as follows:

The Clerk and Recorder’s Office is correct. The land patent (Title to Land) is already a matter of record at the records offices for the party that granted the land and signed the land patent. Thus, there is no need to record it publicly at the Clerk and Recorder’s Office—it is already a matter of public record.

At that point your inquiry goes into private matters; wherefore, to delve into those matters requires a private message or a phone call; and, considering the nature of the matter and the abundance of information your inquiry does not provide but would be needed to give you a reasonable response, we suggest the phone call.

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I spoke with clerk today from BLM in Milwakee and was in formed that I will be unable to obtain a patent on my land as it was patented back in 1820. I have a Warranty Deed and have owned land since 1989, please give me some assistance as to how to procure a patent, thankyou

If you read Land 101 you should understand that the patent was issued in the past. To bring the patent into your name you must get a certified copy of the patent issued in 1820. In addition, you need a certified copy of every document in the chain of title from patent to present (warranty deed). This is known as the "complete bundle of rights held in respect to the land" or "fee simple title." You must also accept the land grant with a lawful document in order to secure the patent in your name. To better understand the rights a land patent secures I suggest you do some research in American Jurisprudence and Corpus Juris Secundum at your local law library. Search fee simple title and land patent.

SimplyThinkDreams:Though your input is appreciated we need to correct a few points for you:

SimplyThinkDreams wrote:To bring the patent into your name you must get a certified copy of the patent…

This is a common error to those that learn about land patents from “Internet Gurus” and “Patriot Mythologists” that propose a knowledge of land patents but did not learn about land patent from either the language of the land patents or from the laws related to them.

As noted in our Land 101 article, the land patent is the Title to the Land and it cannot not change or be changed. The term “patent” means it is what it is and it cannot be changed. Accordingly, regardless of what anyone says or how good he or she sounds while saying it, you cannot “bring it up in your name”.

Considering the fact that the Land Patent is the Title to the Land, having a certified copy of that Title is necessary to proving you own the Land, especially if you do not have the original instrument. Accordingly, you also need all of the transfer documents that prove the chain of assignment from the land patent to the present; without which, you cannot prove your right to the Land. That body of documents (the land patent and all of the deeds, etc. from the patent to the present) is called the “Complete Title”.

You said that is called, “fee simple title”; however, the “fee” in the term “fee simple” means “fealty”; thus, “fee simple title” means the Land is held in “simple fealty”; in other words, the same person owns both the Land and the property appurtenant to the Land. “Fee Simple Title” is the opposite of “Feudal Title” where the landowner and the owner of the property appurtenant to the Land are different people.

SimplyThinkDreams, also wrote:You must also accept the land grant with a lawful document in order to secure the patent in your name.

However, once the Title was issued in the form of a land patent, no other document is necessary to give it any effect. It is sufficient in accord with its own words and the premise of the laws upon which it was granted. The thing that secures your right to the Title to the Land is the chain of documents from the Title (land patent) to the present. Acceptance document have an entirely different purpose and they are not necessary to the Title to the Land.

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Land patentsI have all of the original land patents issued by the federal gov., carrying the president’s signature, and the official wax seal of the office. Do I still require a certified copy from BLM in order to update the patent.The oldest patent was issued in 1852.

Though you have the original documents, if you plan on having us prepare our Land Patent Sandwich documentation, we will need to see the relevant documents as per the information provided on our Steps to secure your Land Patent page. Accordingly, you will have to send that documentation to us for our review and we only use original documents or certified copies of the same to do that review. Therefore, though you may send original documents through the mail, we would never do that except to return yours to you. We simply do not trust the United States Postal Service not to destroy or loose documents sent through the mail. Thus, if we were sending such documentation we would always use certified copies of the same even if we had the originals.

You used the phrase:”in order to update the patent”; however, we have no idea what that means. The whole point of a “Patent” is that it is set, as if it was permanently cast in stone. In other words, it cannot be changed. It is the Title and it cannot be changed; not by the maker and not by the recipient. It is law and its duration is so cast as: “Forever.” Thus, we do not understand the reference.

Regardless of point two, we expect point one should resolve your inquiry.

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I'm interested in receiving Land Patent Documents, I was directed to this forum to request that info. Am I in the right place?Also, I am interested in getting help in 'closing' or 'ending' any contracts I may be under.

Brucesbb:The answer to your question is found in our Contracts, Trusts and the Corporation Sole article. There you will find the components of a contract; which are: a giver, a receiver, valuable consideration over time and acceptance. So, you simply look at the relationship and notice whether all of those components are existent in the relationship. If they are, then you have a contract.

However, from the third sentence in your inquiry, we expect that your interest in that question is based upon some errant information you received from some other source. We expect that because if you were to find a way to “"close" or "end" any contracts” you “may be under” and you continued in that state, you would find yourself a deserted hermit separated from virtually all human contact having eliminated any potential for trade, development or acquisition that did not come directly from your ability to procure the sustenance of life from your available surroundings that you neither own or occupy by the permission of any other person. We do not believe such an existence is likely let alone possible in our time.

The bottom line: to produce or acquire food, shelter, clothing or virtually any other thing requires either that you own the Land and the property appurtenant to it (which you would have acquired by contract) or contracting for the same from someone that has the resource.

Therefore, we expect the thing you are trying to avoid is not contracts; rather, it must be some other thing that may be related to contracts. If that is correct then you need to learn what that thing is and how to avoid it even through the use of contracts. Of course, that goes directly to the very purpose of Team Law; we help people learn how to learn such things so they can properly apply law to secure their desires from their own work.

Accordingly, in answer to your second sentence, we expect you have come to the right place regarding learning about securing land patents and documenting their acceptance. Respectively, we suggest you may want to follow the information found on our Contacting Team Law page to call us for more information regarding that subject. You can prepare yourself for that call by reading the Land 101 article.

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I've been 'deed searching' on 'my' property and being in New England it's been quite a lengthy process, at least for me. Anyway, I've found and made copies of the deeds back to early 1800's, and possibly to 1765 but I am not positive on that because it seems a bit mirky to me. One thing I was wondering was if I need to have my copies of the deeds certified somehow? There's close to 100 deeds in the line."

Brucesbb:As noted in the Land 101 article, it is always best to perfect the Title with a complete Chain of Title from the patent to the present. The only way to perfect the Title is with actual original documents or with certified copies of the same. To avoid the costs necessary to accomplish such a task, some people chose to rely on a “Certified Abstract of Title”; which is nothing more than a certified instrument that lists the principal data [which data was extracted from each document in the chain from the patent to the present] from the Title. Of course, a Certified Abstract is only as good as is its certification and the work that was done to compile the same. Errors in such instruments are common (which errors can result in law suits). That is the reason lenders far prefer Title Insurance over the Certified Abstract to secure their real estate based loans.

We always do all we can to perfect the Title; because that is the only way to actually secure a reasonable guarantee that the Title is both valid and proper.

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